Legal Opinion

Axinn & Sons Lumber Co. v. Long Island Rail Road

Court of Appeals for the Second Circuit

Decided August 11, 1980No. 1427, Docket 79-3082PublishedCited by 1 opinion

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

Petitioners seek a writ of mandamus directing Judge John Bartels of the United States District Court for the Eastern District of New York to approve a proposed settlement in this class action. The petition is denied.

Plaintiffs, who are shipping customers of defendant Long Island Rail Road, commenced this action on behalf of themselves and a class of shippers to recover freight overcharges resulting from rate increases held to be illegal in Ajayem Lumber Co. v. Penn Central Transportation Co., 487 F.2d 179 (2d Cir. 1973), clarified, 496 F.2d 21 (2d Cir.), cert.…

2Cases cited14 opinions

  1. City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
  2. Boeing Co. v. Van GemertSupreme Court of the United States · 1980
  3. Grunin v. International House of PancakesCourt of Appeals for the Eighth Circuit · 1975
  4. General Motors Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1974
  5. Fed. Sec. L. Rep. P 93,401 J. Ralph Saylor v. Thayer Lindsley, and Roseanne Horn, Michael J. McLaughlin Objectors-Appellants, and Abraham I. MarkowitzCourt of Appeals for the Second Circuit · 1972

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3Cited by1 opinion

  1. In Re Traffic Executive Association Eastern Railroads, Axinn & Sons Lumber Co., Inc. v. The Long Island Rail Road Company, and Third-Party v. Traffic Executive Association Eastern Railroads, Third-PartyCourt of Appeals for the Second Circuit · 1980

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